Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2013)

Administered by Department of Communications and the Arts

Legislation au F2013L00869 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

Broadcasting Services (Events) Notice (No. 1) 2010

(Amendment No. 5 of 2013)

 

 

Issued by the Authority of the Minister for Broadband, Communications

and the Digital Economy

 

Purpose

 

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2013) (the Notice) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA).

 

The purpose of this Notice is to amend the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) to remove certain events from the Principal Notice to permit the events to be premiered on a free-to-air television digital multi-channel.

 

This Notice is a legislative instrument for the purposes of subsection 6(d) of the Legislative Instruments Act 2003.

 

Background

 

Legislative background

 

Subsection 115(1) of the BSA provides that the Minister may, by legislative instrument, specify events that in the Minister’s opinion should be televised free to the public. Such a notice is commonly known as the anti-siphoning list.

 

The inclusion of an event in a subsection 115(1) notice triggers a licence condition for subscription television broadcasters that prohibits the subscription television broadcasters from acquiring rights to televise the event ahead of commercial television broadcasters and national broadcasters (see section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA).

 

The BSA also imposes restrictions on both commercial television broadcasters and national broadcasters with regard to televising events listed on a subsection 115(1) notice. Such restrictions ensure that anti-siphoning events (or parts of those events) are not shown on the broadcasters’ standard definition or high definition television digital multi-channels without first being shown, or being shown simultaneously, on the broadcasters’ main channels during the simulcast period (see Part 4A of Schedule 4 to the BSA). Similar restrictions apply after the end of the simulcast period to ensure that events on the anti-siphoning list are shown first, or shown simultaneously, on commercial television and national broadcasters’ primary digital multi-channels.

 

Subsection 115(2) of the BSA allows the Minister to amend a notice made under subsection 115(1) of the BSA to remove an event from the notice.

 

The purpose of this Notice is to amend the Principal Notice to remove from the current anti-siphoning list all matches to be played between 5 June 2013 and 17 July 2013 as part of the 2013 National Rugby League State of Origin Series. The events to be removed are those specified in Item 5.2 of the Schedule to the Principal Notice, as amended by this Notice.

 

2013 National Rugby League State of Origin Series

 

The 2013 National Rugby League State of Origin Series is being held between 5 June 2013 and 17 July 2013 in Sydney and Brisbane. It consists of three matches played between teams representing New South Wales and Queensland.

 

This Notice will remove from the Principal Notice all matches to be played as part of the 2013 National Rugby League State of Origin Series.

 

This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the 2013 National Rugby League State of Origin Series (the Nine Network and its affiliates) to premiere the delisted events on a digital multi‑channel in each relevant television licence area.

 

Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the 2013 National Rugby League State of Origin Series. This will enhance the viewing experience for Australian audiences.

 

Notes on Clauses

 

Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2013).

 

Clause 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.

 

Clause 3 is a definitions clause.

 

Clause 4 is the main operative clause.

 

It provides that the Principal Notice is amended by substituting the existing Item 5.2 of the Schedule to the Principal Notice with a new Item 5.2.

 

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 5.2 of the Schedule is that each match of the National Rugby League State of Origin Series will remain listed on the Principal Notice, except for all matches to be played between 5 June 2013 and 17 July 2013 as part of the 2013 National Rugby League State of Origin Series.

 

Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

This Notice is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This is because the Notice promotes freedom of expression and cultural rights by facilitating greater access by all Australians to live coverage of the 2013 National Rugby League State of Origin Series.

 

Australia is a signatory to the International Covenant on Civil and Political Rights (the ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (two of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011). Article 19(2) of the ICCPR protects freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, and the means of their dissemination. Article 15(1) of the ICESCR protects the right of everyone to take part in cultural life. Cultural life includes sports.

 

The purpose of the Principal Notice is to ensure that specified events are televised free to the Australian public. The removal of certain matches to be held as part of the 2013 National Rugby League State of Origin Series competition from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the 2013 National Rugby League State of Origin Series. This will enhance the viewing experience for Australian audiences.

 

Consultation

 

The Minister for Broadband, Communications, and the Digital Economy consulted with the Nine Network in relation to this Notice. The Nine Network holds the free‑to‑air broadcast rights to the 2013 National Rugby League State of Origin Series.

 

 

Overview

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2013) is an amendment to the Broadcasting Services (Events) Notice (No. 1) 2010 made by the Minister for Broadband, Communications and the Digital Economy under subsection 115(2) of the Broadcasting Services Act 1992. The primary purpose of this Notice is to facilitate increased live coverage of the 2013 National Rugby League State of Origin Series by removing certain matches from the anti-siphoning list. This amendment allows free-to-air broadcasters, specifically the Nine Network and its affiliates who hold the broadcast rights, to premiere these delisted matches on digital multi-channels. The removal of these events from the anti-siphoning list is intended to enhance the viewing experience for Australian audiences by providing greater flexibility in the coverage of the State of Origin Series. The Notice aligns with Australia's obligations under international human rights instruments, promoting freedom of expression and cultural rights by enabling broader access to live sports coverage.

Scope and Application

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2013) applies to events specified in the anti-siphoning list under the Broadcasting Services Act 1992. This amendment notice, made by the Minister for Broadband, Communications and the Digital Economy, removes certain matches of the 2013 National Rugby League State of Origin Series from the anti-siphoning list. By removing these events from the list, the amendment aims to provide free-to-air broadcasters with the flexibility to premiere the delisted events on digital multi-channels, thereby enhancing live coverage and improving the viewing experience for Australian audiences. The amendment is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights, as it promotes freedom of expression and cultural rights. The amendment is applicable on a national level and is specific to the events listed in Item 5.2 of the Schedule to the Principal Notice, removing the matches between 5 June 2013 and 17 July 2013 as part of the 2013 National Rugby League State of Origin Series. The Minister for Broadband, Communications, and the Digital Economy consulted with the Nine Network, which holds the free-to-air broadcast rights to the 2013 National Rugby League State of Origin Series, in relation to this Notice.

Key Provisions

The main operative sections of the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2013) are found in Clause 4, which amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) by substituting the existing Item 5.2 of the Schedule with a new Item 5.2. This change specifically removes all matches of the 2013 National Rugby League State of Origin Series to be played between 5 June 2013 and 17 July 2013 from the anti-siphoning list, while retaining other matches within the series. This amendment allows free-to-air broadcasters, such as the Nine Network and its affiliates, to premiere these delisted matches on a digital multi-channel within their respective television licence areas, thereby enhancing live coverage of the series. The obligations and requirements imposed by this Notice on the parties and entities it governs are primarily directed at broadcasters. For subscription television broadcasters, the removal of certain matches from the anti-siphoning list means they are no longer restricted from acquiring rights to these matches ahead of commercial television broadcasters and national broadcasters. However, they must still comply with any other broadcasting regulations and licence conditions as set out in the Broadcasting Services Act 1992 (BSA). For commercial television broadcasters and national broadcasters, the amendment allows them greater flexibility in scheduling these matches on their digital multi-channels, provided they adhere to the simulcast period and post-simulcast restrictions as per Part 4A of Schedule 4 of the BSA. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of this Notice. However, any breach of broadcasting regulations or licence conditions under the BSA could result in penalties. For instance, under section 332 of the BSA, a commercial television or national broadcasting licensee who fails to comply with a licence condition may be subject to a penalty of up to $10,000 for each contravention. Similarly, under section 328 of the BSA, a subscription television licensee who breaches a licence condition may face fines of up to $10,000 for each contravention. The exact penalties for any specific breach would be determined in accordance with the provisions of the BSA.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.